Kosovo/Kosova As Seen, As Told In conversations with lawyers, members of the OSCE-KVM were told how the right to a fair trial and to prepare one's defence adequately was compromised by difficulties experienced by defence lawyers in 21 having confidential lawyer-client discussions in order to prepare the defence. Generally, the lawyers reported on matters such as lawyer-client conversations having to take place in Serbian, and being systematically monitored, and that facts related to the case could not be discussed during these conversations. This situation often prompted requests for postponements of trials. The attorneys declared during the hearing that some of the accused had not had the assistance of a lawyer, others had a lawyer but could not contact him/her. The defence lawyers had insufficient time and facilities to communicate with their clients and to prepare a defence. The attorneys also complained that they had had no confidential communication with the accused. 22 The defence lawyers stated that on several occasions the guards had interrupted them when they met with their clients. When they were asking questions on ill-treatment or whether the accused had been re-interrogated by the police, the guards had intervened and 23 said that, if they asked such questions, the meeting would end immediately. An important element in ensuring a proper defence to an accused person rests in the right of the 24 defendant, or his or her counsel, to be shown the evidence assembled against him or her. In Kosovo, several limits had been imposed on that right and, as the conflict intensified, it became increasingly difficult for lawyers to obtain information related to their client's file. The restrictions on this right were not only those based in law but also on the interpretations that particular Investigating Judges would place on the law. As a result, lawyers requesting the communication of evidence to which they believed they were entitled would be denied those requests by certain Investigative Judges, while others would allow it. Furthermore, if the lawyer insisted, he himself could be subjected to threats, or worse. In a notable example, in late July 1998 one of the lawyers in the "Urosevac group" trial requested information to which he believed himself entitled on behalf of his client. Upon being refused, he had a verbal confrontation with the Investigating Judge, in which he told her that she "should be wearing a police uniform". Shortly afterwards the lawyer was charged and convicted of having "disturbed the peace" and sentenced to 60 days' imprisonment. The lawyer suffered severe torture during his detention. 25 Conduct of proceedings Language interpretation 26 Procedural violations were common during the trials in Kosovo. Generally, and although this varied according to particular courts, language interpretation for the accused would only be provided when the defendants were directly asked specific questions from the judge. In the case of the "Urosevac group", the OSCE-KVM noted that in the pre-trial period the accused did not receive the translation of any http://www.osce.org/kosovo/documents/reports/hr/part1/ch10.htm (8 of 18)12/5/2003 11:52:22 AM